Sentry Select Insurance Company v. Norcold, Inc. et al

Filing 29

Order re: stipulated Motion to Modify scheduling order, signed by Magistrate Judge Stanley A. Boone on 1/19/2023. (Nonexpert Discovery due by 5/15/2023; Expert Disclosure due by 6/15/2023; Supplemental Expert Disclosure due by 7/10/2023; Expert Discovery due by 8/11/2023; Dispositive Motions filed by 10/6/2023; Pretrial Conference set for 12/4/2023 at 01:30 PM in Courtroom 4 (JLT) before District Judge Jennifer L. Thurston; Jury Trial set for 2/27/2024 at 08:30 AM in Courtroom 4 (JLT) before District Judge Jennifer L. Thurston)(Rosales, O.)

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Case 1:21-cv-00521-JLT-SAB Document 29 Filed 01/19/23 Page 1 of 3 1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 Case No. 1:21-cv-00521-JLT-SAB 10 11 SENTRY SELECT INSURANCE COMPANY, ORDER RE: STIPULATED MOTION TO MODIFY SCHEDULING ORDER Plaintiff, 12 (ECF Nos. 15, 23, 25, 28) 13 14 v. NORCOLD, INC., et al., Defendants. 15 16 17 This action was removed to this Court on March 29, 2021. (ECF Nos. 1, 2.) On May 27, 18 2021, a scheduling order issued, which was modified two times, on June 6, 2022, and October 19 21, 2022. (ECF Nos. 15, 23, 25.) No trial date is currently set as this action was previously 20 assigned under the “NONE” designation with no District Judge assigned. On January 12, 2023, 21 the parties filed a stipulated motion to modify the scheduling order. (ECF No. 24.) The Court 22 denied the motion, however, on the basis that the parties’ proffer of good cause was essentially 23 the same as the proffer they submitted in support of the previous motion to modify the schedule, 24 with no indication as to what discovery was completed since the last modification to the schedule 25 or any other showing of diligence by the parties (compare ECF No. 26 at 2 with ECF No. 24 at 26 2). (ECF No. 27.) The denial was without prejudice to the filing of a renewed supported by 27 declarations or affidavits proffering specific facts establishing good cause to extend the 28 deadlines. 1 Case 1:21-cv-00521-JLT-SAB Document 29 Filed 01/19/23 Page 2 of 3 1 Currently before the Court is the parties’ renewed stipulated motion to modify the 2 scheduling order, filed on January 18, 2023. (ECF No. 28.) Though this matter is not currently 3 set for trial, the parties propose a trial date. Through the supporting declarations of counsel and 4 attached exhibits, the parties proffer this is an insurance subrogation case arising from a large 5 commercial fire loss, which involves complex issues of product liability and large economic 6 damages, property damages and business interruption losses due to the fire. (ECF No. 28-1 at 2; 7 ECF No. 28-2 at 1–2.) The parties also detail much of the discovery that has been sought and/or 8 completed. For example, the parties have exchanged substantial information through initial 9 disclosures, and have met and conferred regarding ways to reduce the scope of disputed issues 10 related to liability and Plaintiff’s alleged damages in advance of a private mediation. In 11 September, Witness Christopher Chaney was served with a subpoena and document request for a 12 deposition set in October; however, due to scheduling conflicts, the deposition was continued to 13 November. The parties are currently proceeding with non-party depositions that were originally 14 contemplated for November and December, but were continued to January due to the limited 15 availability of defense counsel due to pre-trial activity in another matter. The parties are also 16 focusing on the priority of discovery that is essential for mediation, which the parties are 17 currently coordinating; thus far, the parties have agreed to proceed in private mediation with 18 Superior Court Judge Richard L. Gilbert in Sacramento as the mediator; the parties have reserved 19 March 20, 2023 for the mediation conference. Thus, the parties proffer they largely seek the 20 instant modification of the schedule to permit time to attend private mediation in order to reduce 21 the number of disputed issues, including expert witness issues, prior to the discovery and 22 dispositive motion complete dates. The Court finds good cause exists to grant the parties’ 23 stipulated motion. 24 Accordingly, good cause appearing, IT IS HEREBY ORDERED that the parties’ 25 stipulated motion to modify the schedule (ECF No. 28) is GRANTED. The scheduling order is 26 further modified as follows: 27 1. Nonexpert Discovery Deadline: May 15, 2023; 28 2. Expert Disclosure Deadline: June 15, 2023; 2 Case 1:21-cv-00521-JLT-SAB Document 29 Filed 01/19/23 Page 3 of 3 1 3. Supplemental Expert Disclosure Deadline: July 10, 2023; 2 4. Expert Discovery Deadline: August 11, 2023; 3 5. Dispositive Motion Deadline: October 6, 2023; 4 6. Pretrial conference: December 4, 2023 at 1:30 p.m. in Courtroom 4 before District Judge Jennifer L. Thurston; and 5 7. 6 Trial: February 27, 2024 at 8:30 a.m. in Courtroom 4 before District Judge Jennifer L. Thurston. 7 8 9 IT IS SO ORDERED. 10 Dated: January 19, 2023 UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3

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